Liquor License

In accordance with section 191(2) of the Sale and Supply of Alcohol Act 2012 this application has been considered under delegated authority.

DECISION

This is an application by Julie Marie Adams (the “Applicant”) for an off-licence, endorsed as a remote seller, in respect of their premises situated at 2 Gannet Lane, Dunedin, and known as “The Hamper Room NZ”.

The application is in respect of premises in which the sale of alcohol would be an appropriate complement to the kind of goods sold from the premises.

The application was duly advertised and no objection or notice of desire to be heard has been received. Accordingly, we deal with the matter on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.105 of the Act and we grant the applicant an off-licence authorising the sale and supply of alcohol for consumption off the premises.

Although sales are made remotely, the licensee must ensure a certified manager is appointed to the business at all times.

Remote sellers have different requirements to other premises. The first is a response to the fact the buyer is not confronted at the time of purchase and to this end, regulation 14 of the Sale and Supply of Alcohol Regulations 2013 details the requirements imposed on licensees to ensure prohibited people do not purchase alcohol. This regulation is reproduced here for clarity:

(a) ask the prospective buyer to declare, by ticking an on-screen box, that he or she is 18 years of age or over (and, where a prospective receiver is involved, that the prospective receiver is also 18 years of age or over)—

1. (i)  once when the prospective buyer first enters the internet site; and

2. (ii)  again, immediately before the sale of any alcohol is completed; and

(b) refuse to sell alcohol to the prospective buyer unless, on both occasions, he or she declares that he or she is 18 years of age or over (and, where a prospective receiver is involved, also declares that the prospective receiver is 18 years of age or over).

(3) In the case of a telephone order, the procedure is to—

(a) ask the prospective buyer to declare, orally, that he or she is 18 years of age or over (and, where a prospective receiver is involved, that the prospective receiver is also 18 years of age or over)—

1. (i)  once when the conversation concerned begins; and

2. (ii)  again, immediately before the conversation is completed; and

(a) refuse to sell alcohol to the prospective buyer unless, on both occasions, he or she declares that he or she is 18 years of age or over (and, where a prospective receiver is involved, also declares that the prospective receiver is 18 years of age or over).

(4) In the case of an order made on a physical order form, the procedure is to— (a) ensure that the form—

(b) refuse to sell alcohol to the prospective buyer unless he or she has ticked both boxes and signed the form.

Regulation 15 describes the information to be provided by remote sellers. When using an internet website the licence holder must display prominently on the website, any catalogue produced, and every receipt issued for alcohol sold remotely:

1. (a)  The licence holder’s name and licence number

2. (b)  The date the licence expires.

3. (c)  And in addition to this either a legible image of the licence, or a clearly identified link to such image, must be clearly displayed on the website.

The licence will be subject to the following conditions:

1. (a)  No alcohol shall be delivered on Good Friday, Easter Sunday, Christmas Day or before 1.00 pm on Anzac Day.

2. (b)  Orders may be taken at any time on any day
   Deliveries may be made Monday to Sunday 6.00 am to 11.00 pm

3. (c)  The licensee shall ensure that the provisions of regulation 14 of the Sale

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Regulations 2013 relating to the sale and supply of liquor to prohibited

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and shall display appropriate signs on the Internet web page detailing the statutory restriction on the supply of alcohol to minors.

(d) The Licensee must display on its website and in its catalogue and on every receipt issued for alcohol sold remotely:

i) The licence holder’s name and licence number;

ii) Thedateonwhichthelicenceexpires;

iii) A legible image of the licence, or a clearly identified link to such image, to be displayed in a prominent place on the website.

DISPLAY OF LICENCE

A copy of this licence must be displayed in a prominent position on the website or, as an alternative, a clearly identified link to such an image to be displayed.

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DATED at Dunedin this s

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DUNEDIN DISTRICT LICENSING COMMITTEE